Sentencing and continuing judicial harassment of Ms. Ghada Jamsheer
BHR 002 /0415 / OBS 030.1
Sentencing / Judicial harassment
Bahrain
June12, 2015
The Observatory for the Protection ofHuman Rights Defenders, a joint programme of the International Federation forHuman Rights (FIDH) and the World Organisation Against Torture (OMCT), hasreceived new information and requests your urgent intervention in the followingsituation in Bahrain.
New information:
The Observatory has been informed byreliable sources about the sentencing and continuing judicial harassment of Ms.Ghada Jamsheer, Head of the Women's Petition Committee, an organisationwhich campaigns for the rights and dignity of women in the Shari'ah familycourts.
According to information received, on June 9, 2015, the Third Lower Criminal Courtsentenced Ms. Jamsheer to one year and eightmonths imprisonment on charges of defamation inconnection with messages posted via her Twitter account criticising allegedcorruption in the management of King Hamad Hospital in Bahrain, which is run bymembers of the ruling family. Ms. Jamsheer was arbitrarily detained for morethan three months after being arrested on September 14, 2014 on allegations ofdefamation (see background information).
TheObservatory strongly condemns the sentencing and continuous judicial harassmentof Ms. Ghada Jamsheer, which seems to merely aim at sanctioning her humanrights activities and calls upon the Bahraini authorities to immediately andunconditionally drop all charges against her.
Backgroundinformation:
Since September 2014, twelve criminalcases have already been brought against Ms. Jamsheer, who is under permanentsurveillance with a 24-hour presence of plainclothes Public Security officialsof the Ministry of the Interior outside her home and was banned from nationalmedia in 2007.
Ms. Jamsheer was arbitrarily detained formore than three months after she was arrested on September 14, 2014 onallegations of defamation. This summons came in connection with messages postedvia her Twitter account criticising alleged corruption in the management ofKing Hamad Hospital in Bahrain, which is run by members of the ruling family.
While, on October 29, 2014, the ThirdCriminal Court acquitted Ms. Jamsheer and ordered her release on bail regardingthis case, she was released on November 27, only to be again rearrested 12hours later on new charges of “assaulting two police women”. Ms. Jamsheer wasagain released on December 15, 2014, and further put under house arrest untilJanuary 15, 2015. On May 5, 2015, theBahrain High Criminal Court sentenced Ms.Jamsheer to a one year prison term, suspended for three years on charges of“assaulting a police officer”.
Hearings in the pending cases against Ms.Jamsheer have been regularly adjourned without providing any reason, violatingMs Jamsheer’s right to be tried within a reasonable time. For example, theverdict of the defamation case which was supposed to be given on April 15,2015, was postponed to June 9, 2015, without providing any reason.
Besides, on December 29, 2014, UN expertsurged the government of Bahrain to drop charges against Ms. Jamsheer, as shewas sentenced “purely for [her] criticism of government authorities. [...]Such criticism is not only fully legitimate according to Bahrain’s obligationsunder human rights law; it is also essential to the free and public debatenecessary for a healthy civil society” they added.
Furthermore, on March 14, 2015, Ms.Jamsheer was denied the right to board on a plane at Bahrain InternationalAirport by the airport's security office as she attempted to travel to Franceto receive medical treatment. Ms. Jamsheer who did not receive any priornotification, was not given any reason for the travel ban. Concerning theaforementioned incident, on March 23, 2015, Ms. Jamsheer complained to thePublic Prosecutor's office regarding the travel ban and was informed that sheshould submit a travel request to the High Criminal Court. The Court reviewedher request on April 12, 2015 and decided to waive the travel ban, stating thatthere was no solid reason for such a restriction. Nonetheless, on April 15,2015, the office of the Public Prosecutor was still unable to provide Ms.Jamsheer with a formal authorisation to travel, stating that the file was nowin the hand of the immigration office.
Actions requested:
Please write to the authorities of Bahrainurging them to:
i. Immediately andunconditionally drop all charges against Ms. Ghada Jamsheer, as well as againstall human rights defenders in Bahrain;
ii. Put an end to any kind ofharassment, including at judicial level, against Ms. Ghada Jamsheer and all human rights defenders in Bahrain;
iii. Guarantee in all circumstances the physical and psychological integrityof Ms. Ghada Jamsheer;
iv. Guarantee Ms. Ghada Jamsheer's freedom of movement;
v. Conform with the provisions of the UNDeclaration on Human Rights Defenders, adopted by the General Assembly of theUnited Nations on December 9, 1998, in particular its :
- Article 1, which provides that “everyone has theright, individually and in association with others, to promote and to strivefor the protection and realisation of human rights and fundamental freedoms atthe national and international levels”,
- Article 12(1) that provides “everyone has the right,individually and in association with others, to participate in peacefulactivities against violations of human rights and fundamental freedoms”,
- as well as Article 12.2, which provides that “theState shall take all necessary measures to ensure the protection by thecompetent authorities of everyone, individually or in association with others,against any violence, threats, retaliation, de facto or de jure adverse discrimination,pressure or any other arbitrary action as a consequence of his or herlegitimate exercise of the rights referred to in the present Declaration”;
vi. Ensure in all circumstances, respect forhuman rights and fundamental freedoms in accordance with international humanrights standards and international instruments ratified by Bahrain.
Addresses:
• Cheikh Hamad bin Issa AL KHALIFA, King of Bahrain,Fax: +973 176 64 587
• Cheikh Khaled Bin Ahmad AL KHALIFA, Minister of Foreign Affairs, Tel: +973 17227 555; Fax : 00973 17 21 05 75; ofd@mofa.gov.bh
• Cheikh Khalid bin Ali AL KHALIFA, Minister of Justice and Islamic Affairs,Tel: +973 175 133 00; Fax: +973 175 31 284
• Lt. Gen. Cheikh Rashed bin Abdulla AL KHALIFA, Minister of Interior, Tel:+973 17572222 and +973 17390000. Email: info@interior.gov.bh
• Permanent Mission of Bahrain to the United Nations in Geneva, 1 cheminJacques-Attenville, 1218 Grand-Saconnex, CP 39, 1292 Chambésy, Switzerland.Fax: + 41 22 758 96 50. Email: info@bahrain-mission.ch
• H.E. Ahmed Mohammed Yousif Aldoseri, Ambassador of the Kingdom of Bahrain tothe Kingdom of Belgium, Embassy of the Kingdom of Bahrain, Avenue Louise 250,1050 Brussels, Belgium; Fax: 0032 (0) 26472274; E-mail: Brussels.mission@mofa.gov.bh